Ordinance 92-2821ORDINANCE NO. 92-2821
AN ORDINANCE OF THE CITY OF MIAMI BEACH, FLORIDA,
AMENDING COMPREHENSIVE ZONING ORDINANCE NO.
89-2665; AMENDING SECTION 19, "HISTORIC
PRESERVATION BOARD AND HISTORIC DISTRICT
REGULATIONS," AMENDING SUBSECTION 19-5, ENTITLED
"DESIGNATION OF HISTORIC PRESERVATION SITES OR
DISTRICTS" BY EXPANDING THE EXISTING LOCALLY
DESIGNATED HISTORIC DISTRICTS TO INCLUDE ALL
AREAS WITHIN THE MIAMI BEACH ARCHITECTURAL
DISTRICT LISTED IN THE NATIONAL REGISTER OF
HISTORIC PLACES; PROVIDING FOR INCLUSION IN THE
ZONING ORDINANCE; PROVIDING FOR A REPEALER;
PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN
EFFECTIVE DATE.
WHEREAS, on May 18, 1992, the City's Historic Preservation Board held a public
hearing and voted in favor of expanding the City's locally designated Historic Districts to
include all areas within the Miami Beach Architectural District which are located within the
National Register of Historic Places; and
WHEREAS, the City of Miami Beach Planning and Zoning Department has
recommended the amendment to the City's Comprehensive Zoning Ordinance contained herein;
and
WHEREAS, the City's Planning Board has also recommended that the City Commission
pass this amendment to the Zoning Ordinance; and
WHEREAS, this amendment is deemed necessary to protect and enhance the character
of the properties located within the Miami Beach Architectural District as listed in the
National Register of Historic Places; and
WHEREAS, the City Commission believes that the amendments contained herein are
necessary to the welfare of the citizens of the City of Miami Beach, Florida.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY
OF MIAMI BEACH, FLORIDA:
SECTION 1. That Subsection 19-5, of Zoning Ordinance No. 89-2665, entitled "Designation
of Historic Preservation Sites or Districts" is hereby amended as follows:
19-5 DESIGNATION OF HISTORIC PRESERVATION SITES OR DISTRICTS
*
C. Historic Preservation Designation
*
6. All Sites and districts designated as Historic Sites and Districts shall be
delineated on the City's zoning map pursuant to Section 21-8, Maps, of
this Ordinance, as an Overlay District. Such Sites and districts include:
*
*
*
The Ocean Drive/Collins Avenue Historic District is generally
bounded by the centerline of 5th Street from the Erosion Control
Line to Ocean Court; centerline of Ocean Court to 6th Street: and
the centerline of 6th Street from Ocean Court to Collins Court on
the south; Collins Court (as extended) from 6th Street to the
northern edge of Lot 7. Block 57 of Fisher's First Subdivision of
1
Alton Beach then east to the centerline of Collins Avenue: and thc
centerline of Collins Avenue to 22nd Street on the west: thc
centerline of 22nd Street on the north: and the Erosion Control
Linc on the cast. A complete legal description is included in the
designation report.
Lots 1 through 1 of Harrison & Hayes Subdivision; also, Those
portions of Lots 1 and 2, Block 77, Fishers 1st Subdivision of
Alton Beach lying cast of the easterly boundary of Ocean Drive;
also
That tract of land beginning at the northeast corner of Block 77,
Fishers 1st Subdivision of Alton Beach thence running
northeasterly 35.49', continuing the easterly line of Block 77,
Fishers 1st Subdivision of Alton Beach, thence easterly to the
established bulkhead line to thc northeast corner of Lot 1,
Harrison & Hayes Subdivision, thence westerly along the
northerly line of Lot 1, Harrison & Hayes Subdivision to the
southeast corner of Block 77 Fishers 1st Subdivision of Alton
77, Fishers 1st Subdivision of Alton Beach to the point of
beginning.
e. GU, RS -3, RS-4/HPD-3: The cast side of Collins Avenue to the
Erosion Control Line from 77th Street to 79th Street. (All of
Blocks 5, 6, 11 and 12 of Altos Del Mar No. 1 Subdivision). Those
properties which are owned by the State of Florida or the City of
Miami Beach shall retain thcir GU Government Usc District
Zoning designation. Those properties which are privately -owned
shall retain their Single Family Zoning District classification of
RS -3 or RS -4, respectively. Development within the Historic
District whether on City, State, or privately owned Lots, shall be
reviewed by the Planning Board and approved by the City
Commission pursuant to the Conditional Usc procedures as set
forth in Section 17-3 of this Ordinance.
f. RM -1, CD -2, CD -3, RO, GU/HPD-4: Flamingo Park Historic
Preservation District, generally bounded by the centerline of 6th
Street on the south; centerline of Lenox Court (as extended) on
the wcst including lots 7 and 8, Block 46 Commercial Subdivision
and excluding Lots 1-6 Block 46, Commercial Subdivision;
centerline of Lincoln Lane go -u4-1+ North (excluding all properties
having a property line on Lincoln Road} on the north; centerline
of Collins Avenue and Ocean Drive/Collins Avenue Historic
District (between 16th Street and Lincoln Road, excluding all
properties having a property lino on Lincoln Road} on the east;
and, excluding properties within the Espanola Way Historic
District. (Complete legal description available on file with the
designation rcport).
g. MXE, CD -3, GU/HPD-5: Museum Historic Preservation District,
generally bounded on the south by Lincoln Lane North (�-x-64414-i-ng
all properties with a property line on Lincoln Road, and Lots 1,
2 and 3 of Block 30 Alton Beach First Subdivision}, the centerline
of block between James Avenue and Washington Avcnuc on west:
(from Lincoln Lane North to 17th Street) and the centerline of
James Avenue (from 17th Street to 19th Street) and the centerline
of Park Avcnuc (from 17th Street to 22nd Stroet}and Collins
Canal on north on thc west; the centerline of 22nd Street 23rd
Street, including all properties fronting on or having a property
line on 23rd Street, on the north; and, the ccntcrline of Collins
Avcnuc on the East (Complete legal description available on file
with the dcsignation report).
7. Compliance with all othcr zoning regulations is required when not
specifically addressed in this Section.
SECTION 2. INCLUSION IN ZONING ORDINANCE NO. 89-2665. It is the intention of the
City Commission, and it is hereby ordained that the provisions of this ordinance shall become
and be made part of the City of Miami Beach Zoning Ordinance No. 89-2665 as amended; that
the sections of this ordinance may be renumbered or relettered to accomplish such intention;
and that the word "ordinance" may be changed to "section" or other appropriate word.
SECTION 3. REPEALER. That all Ordinances or parts of Ordinances in conflict herewith
be and the same are herewith repealed.
SECTION 4. SEVERABILITY. If any section, subsection, clause or provision of this
Ordinance is held invalid, the remainder shall not be affected by such invalidity.
SECTION 5. EFFECTIVE DATE. This Ordinance shall take effect on the 14th day
of November , 1992.
PASSED and ADOPTED this ' 4th day of \ JNovember
1992. \ n
ATTEST:
cjE Y-c3vk^
C CLERK
1st reading 10/21/92
2nd reading 11/4/92
Underlined words = new language
Stri-IEe-out• = deleted language
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NATIONAL REGISTER ARCHITECTURAL DISTRICT
® LOCAL HISTORIC PRESERVATION DISTRICTS
* LOCAL HISTORIC PRESERVATION SITES
Pr•oar•d by tn• CMB M+atortc Pr tion and Urban Oasion Z•o:
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EXHIBIT 3
CITY OF MIAMI -BEACH
CITY HALL 1700 CONVENTION CENTER DRIVE MIAMI BEACH FLORIDA 33139
OFFICE OF THE CITY MANAGER
TELEPHONE: (305) 673-7010
FAX: (305) 673-7782
COMMISSION MEMORANDUM NO. 2„,4,-9X.,
TO: Mayor Seymour Gelber and DATE: November 4 , 19 9 2
Members of the City Commission
FROM: Roger M. Cartto
City Manager
SUBJECT:
AMENDMENT TO ZONING ORDINANCE 89-2665 TO EXPAND THE
EXISTING LOCALLY DESIGNATED HISTORIC DISTRICTS TO INCLUDE
ALL AREAS WITHIN THE MIAMI BEACH ARCHITECTURAL DISTRICT -
ADMINISTRATION RECOMMENDATION - SECOND READING
ADMINISTRATION RECOMMENDATION
As stated in the attached designation reports, the Administration concurs with the findings of
the Historic Preservation Board and the Planning Board that the three (3) expanded historic
districts meet the requirements for historic designation listed in the Zoning Ordinance. The
Administration, therefore, recommends acceptance of these reports and recommends approval
of the attached Ordinance designating the expansion of the Ocean Drive/Collins Avenue
Historic District, Flamingo Park Historic District and Museum Historic District. The
Administration believes that there might be a need for this Ordinance to be later amended to
accommodate any concerns relative to perceived impediments in the development of a
convention headquarters hotel, but that the designation process must continue to move forward.
BACKGROUND
At its January 2, 1992 meeting, the Historic Preservation Board requested staff to prepare
designation reports on the expansion of the local historic districts to match the boundaries of
the National Register "Architectural District". On May 18, 1992, there was a joint meeting of
the Planning Board and Historic Preservation Board to consider the designation reports for the
expansion of the above referenced districts and to adopt a recommendation on historic
designation to the City Commission. The Historic Preservation Board voted 7-2 in favor of
recommending approval and the Planning Board subsequently voted 6-1 to recommend approval
to the City Commission.
Subsequent to the May 18 hearing, there were questions as to proper notification and
advertising. As a consequence, the Planning Board re -heard the matter on July 23, 1992. At
that time, they voted to continue the meeting until such time as the City's consultant (Wallace
Roberts & Todd) had completed its analysis of the feasibility of constructing a convention
headquarters hotel within the design requirements of a local historic district.
On September 22, 1992, the Planning Board held its continuation of the July 23 hearing. At
that meeting, John Fernsler, representing Wallace Roberts & Todd (WRT), testified that their
completed analysis demonstrates that a headquarters hotel can indeed be constructed within
the area under consideration and meet all of the design standards and requirements of a Local
Historic District, should the districts be expanded.
On October 21, 1992, the City Commission adopted the amendment to the Ordinance on first
reading by a vote of 6 to 0. (Commissioner Pearison abstained from that portion of the vote
dealing with the expansion of the Museum District, due to a conflict of interest.
Significant Dates
July 23, 1986 - City Commission designates the Ocean Drive/Collins Avenue Historic
District.
1
AGENDA
1 TEM
DATE
2
June 20, 1990 - City Commission designates the Flamingo Park and Museum Historic
Districts.
December 5, 1991 - Historic Preservation Board nominates all areas within the Architectural
District not already locally designated, for local historic district
designation.
January, 1992 - Historic Preservation Board considers the preliminary review of
nominated areas and directs staff to prepare designation reports.
May 18, 1992 - Historic Preservation Board and Planning Board hold joint public
hearing and recommend approval of the proposed expansion of the Local
Districts.
June 2, 1992 -
Administrative decision reached to have the Planning Board re -advertise
and re -hear the matter to eliminate any question of a procedural
deficiency.
July 23, 1992 - Planning Board opens public hearing on historic district expansion.
Continues meeting until September 22.
Sept 22, 1992 -
October 21, 1992 -
Designation Process
Planning Board holds continued public hearing and votes 5-2 in favor of
recommending expansion of the Local Historic Districts, following a
report from the City's convention hotel consultant, WRT.
City Commission adopts the amendment to the Ordinance on first reading
by a vote of 6 to 0. (Commissioner Pearlson abstained from that portion
of the vote dealing with the expansion of the Museum District, due to a
conflict of interest.
The designation reports for the three (3) expanded local historic districts are required to be
presented to the Historic Preservation Board and the Planning Board at public hearings.
Following public input, the Historic Preservation Board votes on whether or not the proposed
districts meet the criteria listed in the Zoning Ordinance and transmit a recommendation on
historic designation to the Planning Board and City Commission. If the Board votes against the
designation, no further action is required. If the Board votes in favor of designation, the
Planning Board reviews the designation reports and formulates its own recommendation. The
recommendations of both Boards along with the designation reports are presented to the City
Commission which will hold two (2) public hearings on the designation. Following the second
hearing, the City Commission may designate all or portions of the nominated areas as part of
a local historic district with a 5/7 majority vote. (Note: Following the Historic Preservation
Board's affirmative vote on the designation reports, requests for demolition permits in the
nominated districts can be withheld for a maximum of six (6) months until the designation
process is complete or the applicant applies for and receives an "Accelerated Certificate of
Appropriateness" from the Historic Preservation Board. This six (6) month period has already
commenced, based on the Historic Preservation Board's action on May 18,• 1992 and will
terminate on November 18, 1992.)
Desi nation Reports
A designation report is an analysis of the historical and architectural significance of a
nominated site or district. The report reviews current trends affecting the nominated area,
analyses the nominated area's compliance with the criteria for historic designation listed in the
Zoning Ordinance and recommends review standards for development projects within the area
if designated.
2 3
ANALYSIS
1. ReiuIliory Impact of Historic District Designation.
Should a property be included within a local historic district, the following regulatory
changes would occur:
A. The Zoning Ordinance requires that all buildings in Miami Beach (except single
family homes) receive Design Review Board approval prior to the issuance of a
building permit for any improvement. Properties located within the National
Register Architectural District are reviewed by the seven (7) member Design
Review Board using the U.S. Secretary of the Interior's Standards for
Rehabilitation of Historic Buildings, design guidelines contained in
neighborhood plans, criteria listed in the Zoning Ordinance and design
guidelines developed by the Board. For those properties which are within a local
historic district, the same review process and same guidelines are used; however,
three (3) members of the Historic Preservation Board join the Design Review
Board in the review. No additional hearings or changes in guidelines are
required.
B. If a property within a local historic district requests a permit for demolition, the
Zoning Ordinance provides for a review process:
1. Demolition of a historic building within a local historic district requires
a public hearing before the Historic Preservation Board, who submits a
recommendation to be heard at a public hearing before the City
Commission. The City Commission makes the final decision on the
request for demolition. A 5/7 Commission vote is required to overrule a
Historic Preservation Board recommendation. The City Commission has
the authority to approve, approve with conditions or deny the request for
demolition.
2. Demolition of a non -historic building within a local historic district
requires a public hearing before the Historic Preservation Board. The
purpose of this hearing is to confirm the non -historic status of the
building. If confirmed, no further hearing is required.
C. Within the Mixed Use Entertainment (MXE) Zoning District local historic
designation allows hotel rooms in existing buildings to be a minimum size of 200
sq.ft. Without local designation, minimum hotel unit sizes range from 300 sq.ft.
with 85% of units above 335 sq.ft. This will affect properties located within the
proposed Museum Historic District expansion area.
D. Historic designation does not change the underlying zoning classification.
2. Justification of Expanded Districts
A. Expansion of Ocean Drive/Collins Avenue District. The district, first designated
in 1986, includes the majority of historic hotel/tourist facilities and all historic
oceanfront development within the National Register Architectural District.
For reasons more fully explained in the attached designation report, staff finds
the expanded district meets the mandatory and review criteria for designation
listed in the Zoning Ordinance. The expanded district contains 130 historic
structures (60% of total sites) which exemplify the cultural development of
Miami Beach in the 1920s -1940s, the period which established Miami Beach as
America's premier oceanfront resort.
B. Expansion of the Flamingo Park Historic District. This district, originally
designated in 1990, contains the majority of historic multi -family and
commercial development within the National Register Architectural District.
The inclusion of Lincoln Road properties is appropriate for, like Washington
Avenue, Lincoln Road is traditionally the primary commercial/ retail center of
Miami Beach, played a major role in the development of Miami Beach, and
contains a high percentage of historic structures. For reasons more fully
explained in the attached designation report, staff finds the expanded district
meets the mandatory and review criteria for designation as listed in the Zoning
Ordinance. The expanded district contains 632 historic buildings (62% of total
sites), is associated with events and persons significant to the history of Miami
Beach and represents high artistic/architectural values.
3
4
C. Expansion of the Museum Historic District. This district, originally designated
in 1990, contains the remainder of the historic hotel and multifamily
development in the northern section of the National Register Architectural
District. Originally developed in close proximity to the Alton Beach (later
named Municipal) Golf Course, this northern section of the district has a more
intimate, garden like setting than the Flamingo Park Historic District. Concern
for development of a new Convention Center hotel limited the boundaries of the
original district; however, recent agreements between the preservation and
development communities along with a consultant study on the integration of
convention facilities within a historic district have helped allay this concern.
The expanded district contains 60 historic buildings (50% of total sites), among
which are outstanding examples of historic architectural styles and master
architects. Staff finds the expanded Museum District meets the mandatory and
review criteria as listed in the Zoning Ordinance.
3. Zoning Amendment Review Criteria
Section 14-2(E) of the Zoning Ordinance contains a list of 13 criteria the Planning
Board is to consider when reviewing a request for an amendment to the Ordinance. The
following presents an analysis of how the proposed expanded historic districts relate to
these criteria.
A. Whether the proposed change is consistent and compatible with the
Comprehensive Plan and any applicable neighborhood plan or redevelopment
plan.
The proposed designations are consistent with the Historic Preservation Element
of the Comprehensive Plan Objective No. 1 which states: "By 1993 increase the
total number of structures designated as historically significant from that
number of structures designated in 1988, either individually or as a contributing
structure within a National Register Historic Preservation District or a local
ordinance historic preservation district."
B. Whether the proposed change would create an isolated district unrelated to
adjacent or nearby districts.
The proposed designations would integrate the subject areas with adjacent local
districts and provide for consistency of regulations throughout the Architectural
District.
C. Whether the change suggested is out of scale with needs of the neighborhood or
the City.
The expansion of the local districts would encourage development that is
compatible with the scale, characteristics and needs of the surrounding
neighborhood.
D. Whether the proposed change would tax the existing Toad on public facilities and
infrastructure.
There should be no significant effect on the public facilities and infrastructure
serving these areas.
E. Whether existing district boundaries are illogically drawn in relation to existing
conditions on the property proposed for change.
The proposed boundaries reflect the National Register District boundaries. Each
of the proposed local districts represent logical boundaries based on land use,
man-made boundaries and historical association.
S
4
F. Whether changed or changing conditions make the passage of the proposed
change necessary.
The success of historic preservation in the revitalization of southern Miami
Beach supports this direction to protect the entire Architectural District. Recent
demolitions, including that of the Sands Hotel, demonstrate the necessity for this
amendment.
G. Whether the proposed change will adversely influence living conditions in the
neighborhood.
There should be no adverse effect. The quality of living conditions in
designated areas has significantly improved since the City has created local
historic district designations. Hundreds of Design Review cases (both
substantial rehabilitation and cosmetic improvements) in the existing districts
demonstrate that this improvement has occurred.
H. Whether the proposed change will create or excessively increase traffic
congestion beyond the levels of service as set forth in the Comprehensive Plan
or otherwise affect public safety.
As designation encourages the retention of existing buildings and does not
change the permitted land uses, the levels of service set forth in the
Comprehensive Plan should not be affected by designation. Likewise, public
safety should not be affected.
I. Whether the proposed change will seriously reduce light and air to adjacent
areas.
If designation results in the retention and preservation of existing buildings,
there should be no reduction in light and air.
J. Whether the proposed change will adversely affect property values in the
adjacent area.
As property values and value of construction have historically increased in the
existing designated districts. there is no evidence to suggest that designation
would adversely affect property values in the proposed areas.
K. Whether the proposed change will be a deterrent to the improvement or
development of adjacent property in accordance with existing regulations.
Designation of the expansion areas should help to ensure continued improvement
in adjacent neighborhoods because buildings on the edges of designated districts
will now be protected and improved over time.
L. Whether there are substantial reasons why the property cannot be used in
accordance with existing zoning.
As designation does not change the underlying zoning district classifications, the
permitted land uses in the expanded historic districts are not to be affected.
M. Whether it is impossible to find other adequate sites in the City for the proposed
used in a district already permitting such use.
This review criteria is not applicable.
Based on the foregoing review, the Planning staff found the proposed historic designations to
be in compliance with the criteria for zoning amendments and provided this finding to the
Planning Board.
CONCLUSION
Since 1986, the City has employed an incremental approach to the local designation of the
National Register Architectural District. This approach has enabled the concept of
preservation to be gradually absorbed by the community. The positive social and economic
impact preservation has had on the revitalization of South Beach and worldwide media
recognition of Miami Beach is well known. The proposed designation of the remainder of the
Architectural District is timely and appropriate to protect the cultural heritage of the
community.
The Administration has only one concern about the local designation of the balance of the
National Register Historic District in that it may be perceived by the hotel development sector
and as an impediment to the development of a convention headquarters hotel on one OF more 6
4.
of the sites identified by WRT. We strongly believe that with the progress made on developing
a consensus on this matter by the Historic Convention Village Citizens Advisory and Technical
committee, that there should be no impediment. I say this in light of the recent unanimous
support and conceptual approval of WRT's findings, including that from our historic
preservation representatives.
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Attachments
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